Feb 8, 2013 5:00pm PST
was arrested. the police say that the obama never posed a risk. the prosecution's case will need to be very detailed. >> all of the key issues in the case were lylely recorded. certainly there were wire taps involved. because of the issue of entrapment, you do not want to have the government, in effect, committing the crime. >> another key to prosecuting the case will be the suspect's mental capacity. >> he associated himself with the taliban, is that a fantasy or something he believed. those issues will be critical. >> matthew had his first court appearance this morning, he will be back in court for a bail hearing next wednesday in oakland. we are live in san jose, nbc area news. >> the affidavit in the case is full of troubling details about the bombing plot and the suspect's plan to escape to another country can. we posted the entire do you want on our website and we will have more at 6:00. >> i'm in the nbc bay area investigateive unit. a picture of the weapon that led to his 2011 arrest and why he served one year of a six-year sentence. that is coming up. >> we will see you then.